You can only be charged and put in jail for, "Willful Contempt". If you can show the court that your not abiding by the court order is not willful, and beyond your control, it is not punishable contempt. If there is a change in your income, the court can adjust your payments!

Have you seen the news? California is releasing hundreds of thousands from jail due to overcrowding - actual criminals, not broke fella's who can't pay their alimony.

Such doomsday thinking is a useless waste of energy - and it is not a form of preparing for the worst. You should consider a therapist to discuss your maladjustment to reality. You went from missing a couple of alimony payments to doing time in jail - a leap to infinity. Get a grip - get a therapist.

Someone is faced with CS, SS and debt. They lose a job in a down economy.

They have the following options: 1) Pay nothing, and tell the judge they have no money.2) Attempt partial payments, and play catch up on repayment.3) Request to lower amounts set for CS and SS.

In each case you may have the spouse's attorney and any creditors coming after you. You may have little money to fight using expensive legal resources. Your spouse is effectively living off your CS and SS and will attempt to go after you more thinking she can get water out of turnip.

Bankruptcy from my understanding does not cover removing CS and SS.

I agree, jails are crowed and highly unlikely, so what then? The judge orders you to rake some leaves on the freeway in an orange jump suit?

Some men are forced to live so below their means, the event of a job lose or wage reduction has a ripple effect. I am sure I am not the first to have considered what is the duration in jail.

If the system is going to scare you with jail and not carry it out, what is the real and most common penalty?

You show an active attempt to seek gainful employment. You pay a portion of what you owe based upon what money you do have. You file immediately, even if without counsel, for suspension or reduction of both obligations. If you do those things, it is very unlikely you would be held in willful contempt. The reason? You couldn't have done much more.

The board is the sum of all of your great posts...Help divorced men be great dads! Divorce help in a father friendly divorce forum....more tips on how to deal with your divorce at DadsDivorce.com

BartSimpson wrote:You are being utterly ridiculous. They do not have debtors jail.

Have you seen the news? California is releasing hundreds of thousands from jail due to overcrowding - actual criminals, not broke fella's who can't pay their alimony.

Such doomsday thinking is a useless waste of energy - and it is not a form of preparing for the worst. You should consider a therapist to discuss your maladjustment to reality. You went from missing a couple of alimony payments to doing time in jail - a leap to infinity. Get a grip - get a therapist.

This may hold true in California, but in some other states they toss guys in jail for not paying alimony on a regular basis.

Remember, when this happens, you are not being tossed in jail for a debt (wink, wink), you are being tossed in jail for Contempt of Court, which is a crime. What has our society come to when we give judges the ability to jail people for debt by simply calling it something else?

The likely way it would go is that the court would order you to complete a sworn financial affidavit. If everything is true on the affidavit and nothing is hidden, if it shows you truly can't pay the alimony, they will lower the amount. Now, listen to this very important point: the most likely scenario is that they lower the amount you pay, NOT YOUR OBLIGATION. In other words, if you are currently paying $1000/mo and they lower it to $500 a month, the $500 not paid is not erased, it is put into arrears, and you are expected to pay off the arrears at some point. The judge may also order you to get a second job to clear the arrears. This is where the possible jail time comes in. If a judge looks at your situation and tells you to make an extra $100/week, and you don't get a job or show evidence that you have tried to find one, THEN you will be tossed in jail. For Contempt of Court, not for not having money, except of course the root cause is not having money. THEY DON'T CARE.

California my indeed be a different world, but men go to jail every day in Colorado and other states for Contempt of Court for not paying alimony.

THIS IS AN ATTORNEY ADVERTISEMENT. CORDELL & CORDELL, ST. LOUIS, MO. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. The choice of a lawyer is an important decision and should not be based solely upon advertisements.